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(영문) 서울북부지방법원 2013.03.22 2013고단399
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 2012 to November 2012, the Defendant served as an employee in the company’s trade name D and in the company’s trade name Jung-gu Seoul Jung-gu E, Jung-gu, Seoul, which was operated by the victim C (the age of 41).

On February 9, 2013, around 21:30, the Defendant prepared one food map (24.5cm in knife length) (24.5cm in knife) of the Defendant’s house with the intent to receive monthly salary from the victim C while drinking alcoholic beverages around 21:30, and sought C to find it.

1. Around February 21, 2013, the Defendant: (a) requested the victim C to pay a monthly wage tightly in the foregoing E drinking house; (b) however, the victim was refused to do so; (c) the Defendant sent the above food table table that he had been holding in advance; (d) continuously sent the victim a sound to the customers in the foregoing drinking house; and (c) continuously put the victim at the above food, “I am fright, and I am a bad fright, and I am a bad fright, I am soon, but I am fright, and I am am fright.”

2. The Defendant violated the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.) committed assault to the victim by: (a) the police officers, who received and dispatched the report 112 while avoiding disturbance as described in paragraph (1) at the same time and place as described in paragraph (1), were able to enter the foregoing drinking house; (b) the police officers, who met the above drinking house, sent the victim with the right shoulder part of the victim F (the age 32) who was a customer seated on the table of the Defendant’s wife; (c) the above food was stored on the hand of the victim, and (d) the victim saw that “I will do so if I will do so until her accelerator, I will do so.”

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by the prosecutor to the prosecution;

1. Statement of the police statement regarding C;

1. A written statement;

1. Police seizure records;

1. Dom photographs and field photographs-related Acts and subordinate statutes;

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